Thailand Unveils Controversial Draft Constitution

Updated at 11:12 a.m. ET on 2016-03-31

A commission appointed by Thailand’s military-controlled government on Tuesday unveiled a proposed new constitution, amid warnings from the junta that it would go after people who criticized the draft charter.

The new constitution will be voted on in a nationwide referendum set for Aug. 7, Meechai Richuphan, chairman of the Constitution Drafting Commission (CDC), told a news conference in Bangkok as he unveiled the 105-page document.

The referendum would mark the first time that Thais go to the polls since the junta seized power in May 2014, and later invoked Article 44 of the interim constitution granting the military absolute power.

Elections are to follow later at an unspecified date. In September, Prime Minister Prayuth Chan-o-cha announced that elections would take place in Thailand in July 2017 at the earliest.

But the proposed charter contains a controversial clause that rights advocates have criticized for allowing the National Council for Peace and Order (NCPO) – the formal name for the junta – to hand pick all 250 senators, including 6 officers from the military’s top brass.

“Asked why we, the drafting commission, had a provisional clause to allow appointed senators, the answers are the NCPO feels its past efforts to bring back peace are not quite done yet. A pledge to reform politics was not fulfilled yet,” Meechai told reporters.

The new constitution aims to reform the nation’s politics and stamp out corruption, he said.

‘Prolonged control’

However, the clause about senatorial appointments is making elected officials and other politicians nervous, said retired Lt. Gen.Nathadej Meksawat, an observer of Thai politics.

“What is getting in the way of politicians are NCPO-appointed senators who will counter-balance an elected government,” he told BenarNews.

Meanwhile, a representative of Human Rights Watch (HRW) voiced skepticism about the draft charter putting Thailand firmly back on a democratic path.

“We are trying to hold the junta accountable to its pledge to return to civilian democratic [rule] to Thailand, but this draft charter is showing the opposite,” Sunai Phasuk, with HRW’s Thai office, told the Associated Press.

“It doesn’t give any promise of a democratic transition, but rather a prolonged control of the military,” Sunai added.

Thailand-based academic Paul Chambers told Agence France-Presse that the draft constitution was a “charter which expands military and judicial power at the expense of democracy.”

As for the upcoming referendum, Prime Minister Prayuth has not made it clear what would happen if the proposed charter is rejected at the polls.

‘Officials will take immediate action’

In the days prior to the draft constitution’s unveiling on Tuesday, junta officials said they had stepped up efforts to ensure “order” ahead of the constitutional referendum.

“If any group creates misunderstanding or confuses society, officials will take immediate action to restore order,” Army chief Theerachai Nakvanich was quoted as saying in the Bangkok Post.

On Monday, Deputy Prime Minister Prawit Wongsuwon said he would propose that the NCPO “re-educate” politicians who displayed “unruly” behavior after being summoned for attitude adjustments.

The warning came after Thai officials had reportedly summoned two politicians for so-called “attitude adjustment” detention sessions. They included Pheu Thai party member Watana Muangsook, who posted a comment on Facebook suggesting that the prime minister should take responsibility if the proposed charter was rejected in a referendum.

A human rights group issued a statement Saturday expressing grave concern about the detention of Watana and fellow party member Worachai Hema.

“The Thai Lawyers for Human Rights calls for the National Council for Peace and Order to respect the right to exercise the freedom of expression of people which is [a] fundamental right provided in Article 4 of the interim Constitution [of] 2014 and the ICCPR [International Covenant on Civil and Political Rights] to which Thailand is a state party,” the Thai Lawyers for Human Rights said.

An earlier version of this report incorrectly identified Worachai Hema as the person who posted a comment on Facebook about the prime minister taking responsibility if the proposed charter failed in the Aug. 7 referendum.